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THE GAZETTE OF INDIA

rules · 2000 · State unknown

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Parent: THE INFORMATION TECHNOLOGY ACT, 2000 (7ddd5401b153a812d4edd5d8ac2a6a13a204d4d1)

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THE GAZETTE OF INDIA EXTRAORDINARY Part II- Section 3, Sub-Section (i) MINISTRY OF COMMUNICATIONS AND INFRMATION TECHNOLOGY (Department of Information Technology) NOTIFICATION New Delhi, 17th March; 2003 G.S.R.2ZOE) - In exercise of the powers conferred by Clauses (p) & (q) of sub-section (2) of Section 87 of the Information Technology Act, 2000 (21 of 2000), the Central Government hereby makes the following rules regulating the terms and conditions of the service of the Presiding Officer, namely: Short title and commencement: (a) These rules may be called the Information Technology (Qualification and Experience of Adjudicating Officers and Manner of Holding Enquiry) Rules, 2003. (b) These shall come into force on the date of their publication in the Official Gazette_ 2. Definitions: In these rules, unless the context otherwise requires a) "Act" means the Information Technology Act; 2000 (21 of 2000); (b Adjudicating Officer' means an adjudicating officer appointed under sub-section (1) of section 46, of the Act C) Proforma" means a proforma appended to these rules Words and expressions used herein and not defined but defined in the Act shall have the meaning respectively assigned to them in the Act: 3. Eligibility for Adjudicating Officer: Whereas the purpose and intent of Section 46(3) of IT Act is that the Adjudicating Officer should be a person so qualified and experienced to take decisions with a view in relation to Information Technology aspects as well as in position to determine the complaints keeping in view the legal or judicial mannerism on the principle of compensation of damages of IT Act_ person shall not be qualified for appointment as Adjudicating Officer unless the person (a) Possesses University graduate Bachelor degree or equivalent;, recognized by Ce

Rule TOC

2 · Definitions: In these rules, unless the context otherwise requires
3 · Eligibility for Adjudicating Officer:
4 · Scope and Manner of holding inquiry:
5 · Order of the Adjudicating Officer:
7 · Service of notices and orders: -A notice or an order issued under these rules shall be served on the person in any of the following manners, that is to say:
8 · Fee:
9 · Duplicity Avoided: When an adjudication into a matter of contravention is pending before an Adjudicating Officer, same matter shall not be pursued before any court or Tribunal or Authority in any proceeding whatsoever and if there is already filed a report in relation to the same matter; the proceedings before such other court; Tribunal or Authority shall be deemed to be withdrawn.
10 · . Frivolous complaints: If person files frivolous report of the matter; the adjudicating officer in his discretion may order the complainant; to make good the cost of the persons against whom the complaint was filed and to pay a damage of not exceeding
11 · Compounding of Contraventions:
12 · Certifying Authorities and other Governmental Agencies to Assist
1 · Name of the Complainant
3 · Telephone No_
5 · Digital Signature Certificate , if any
1 · Name of the Respondent
3 · Telephone No_
5 · Digital Signature Certificate, if any
THE GAZETTE OF INDIA — THE INFORMATION TECHNOLOGY ACT, 2000 — Roop's Law Assist Statutes